BAJARNATH KORRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant herein questions the impugned judgment and order dtd. 29/6/2022 passed by the Additional Sessions Judge, Kondagaon in Sessions Trial No.23/2020, wherein he has been convicted for offence under Sec. 307 of the IPC (twice) for causing murderous attack on his brother Sukhnath Korram (PW-2) and on his niece Kum. Kamla Korram (PW-3), and sentenced to undergo rigorous imprisonment for ten years and pay fine of Rs.1,000.00, in default of payment of fine to further undergo additional rigorous imprisonment for one month, twice and also directed that both the sentences will run consecutively one after the other.

(2.) Case of the prosecution, in short, is that the appellant herein firstly assaulted Sukhnath Korram (PW-2) by axe which was noticed by Kum. Kamla Korram (PW-3) - daughter of Sukhnath Korram (PW-2), who immediately came to the field of Sukhnath Korram (PW-2) where Lakheshwar Nag (PW-1) was already performing agricultural operation on 20/6/2020 at 5:30 p.m. and informed that the appellant has assaulted her father by axe and is coming towards the field and meanwhile, the appellant armed with axe and bow and arrow reached to the field of Sukhnath Korram and caused arrow injury to Kum. Kamla Korram (PW-3) on right side of stomach by which she suffered grievous injury and fell down which was noticed by her mother Supai Korram (PW-5) and her mother's sister Supati Korram (PW-4) on which they intervened and mother Supai Korram (PW-5) has picked-out the arrow from the stomach of her daughter Kum. Kamla Korram (PW-3), but immediately thereafter, the appellant absconded from the spot and thereafter, Sukhnath Korram (PW-2) and Kum. Kamla Korram (PW-3), both, were escorted to hospital at Mardapal through a private vehicle for treatment from where they were referred to Dimrapal Hospital, Jagdalpur for further treatment where they were shifted through 108 Ambulance and got admitted therein. Thereafter, FIR Ex.P-1 for offence under Sec. 307 of the IPC was registered against the appellant.

(3.) On 20/6/2020 at 7:34 p.m., injured Sukhnath Korram (PW-2) was medically examined by Dr. Basant Kumar Tode (PW-10) vide Ex.P-12 who found four injuries on the body of Sukhnath Korram and opined that the injuries were caused by hard, sharp and heavy object and duration was three hours. He further suggested CT scan and X-ray and stated that opinion will be given after report of CT scan and X-ray. Thereafter, on the same day at 7:46 p.m., injured Kum. Kamla Korram (PW-3) was also medically examined by Dr. Basant Kumar Tode (PW-10) vide Ex.P-13 who found one stab wound in the size of 2 cm. x 0.5 cm. x 1 cm. on right side of stomach caused by hard, sharp and pointed object and duration was three hours. She was also further advised for ultrasonography and stated that opinion is subject to result of ultrasonography.